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五四宪法

时间:2021-08-16 来源:未知 编辑:梦想论文 阅读:
The constitution plays a leading role in the construction of the rule of law. In the whole society, it is an important task for the construction of the rule of law to vigorously popularize the knowledge of the Constitution and carry forward the constitutional spirit. General secretary Xi Jinping in the capital to commemorate the 30 anniversary of the promulgation and implementation of the current constitution of the General Assembly on the special emphasis: the full implementation of the constitution, is the construction of a socialist country ruled by law and the basic task of the primary task." [1] of the CPC fourth plenary session, has made it clear that, "in the whole society generally carried out constitutional education, carry forward the spirit of the constitution [2]. Therefore, review of new China at the beginning of the establishment of our country on the publicity and education of the Constitution's pioneering, summary of the constitution of 1954 popularization historical experience of the education, to improve the current constitution popularization education practice effect, and constantly promote the historical process of governing the country according to law, undoubtedly has a very important practical significance.
 
First, the founding of the new China, the origin of the popularity of the five four constitution
 
In 1954, the first National People's Congress adopted the constitution of the people's Republic of China (the five four constitution), which is the first socialist constitution of our country. In order to enhance the social identity of the socialist regime, improve the cadres and the masses to carry out the consciousness of the general line for the transition period and strengthen the masses of citizen consciousness and concept of the constitution, the Central People's Government in June 1954 draft constitution officially announced at the same time is in the country to carry out constitution of publicity and education activities.
 
(a) enhancing the sense of identity of the whole society to the socialist regime
 
In the early days of the founding of new China, how to win the recognition and support of the masses to the new regime is an important issue for the Chinese Communist Party. Therefore, as the provisional constitution of the Chinese people's Political Consultative Conference common program "promulgated after, the Communist Party of China decided" through the publicity of the basic idea of the "common program" to obtain the overwhelming majority of the people of the new democratic regime support and identity "[3]. The transition period of 1953 general line put forward the historical task of socialist transition to help the nature of socialist political power of the masses to understand, to enhance the sense of identity of the whole society to the socialist regime becomes a very important task.
 
With the promulgation of the constitution of May 4th September 1954, the socialist nature of state power of new China first in the form of the fundamental law of the state recognized, therefore, to help the personages of various circles of society and the broad masses of the people deeply understand the provisions of the constitution of the "the people's Republic of China is led by the working class and based on the alliance of workers and peasants as the foundation of the people's democracy" [4]
 
The nature of the state power, realize from the "common program of the Chinese people's Political Consultative Conference," the provisions of the new democratic state power to the provisions of the constitution of 1954 socialist regime change of understanding, which is when the popularity of the constitution of 1954. July 17, 1954 "people's Daily" published an editorial "universal organizations of the masses of the people to discuss the draft constitution", pointed out that through the development of nationwide discussion draft constitution, "the people contact their own life experience, to develop an understanding of the main content of the basic law of the country and it for their own personal relations, deepen the for their country's understanding and love" [5].
 
(two) enhancing the consciousness and enthusiasm of the masses to carry out the general line of the transitional period
 
The preamble of the five four Constitution clearly stipulates the general line and the general task of the party in the transitional period. As for why the general line for the transition period to the fundamental law to be determined, Liu Shaoqi in the report of the draft constitution has explained: "by the complexity of the economic structure of society, the transition to the single structure of socialist society, namely the new democratic society transition to socialist society is our country should take only the right path, and to ensure that always take the socialist road," on the need for legal form to the general task for the transition period in China determine down "[6]. In June 1954, Mao Zedong at the thirtieth session of the Central People's government committee also pointed out: "with the constitution such a fundamental law of the form, the people's democratic and socialist principles in fixed, so that people across the country have a clear track, enable all the people to feel a clear clear and correct way to go, you can improve the enthusiasm of the people of the whole country." [7]
 
 
Mao Zedong said the socialist principle is the Constitution stipulates: "we must complete the socialist transformation, the realization of the socialist industrialization of the country" [8]. Therefore, in order to make the transition period of the total line to be effectively implemented and implemented, the Chinese Communist Party in the draft constitution through the opening of the national constitutional publicity and education activities. In October 1954, the Ministry of education, the Central Committee of the Chinese New Democratic Youth League in the 1954 work of the winter on the directive of clear requirements: the primary task of the winter study is the significance and main content of the "constitution of the publicity and education, further education in the transition period of the country's total mission, so that farmers understand the constitution, to encourage and educate the masses of peasants to abide by the Constitution and work to ensure the implementation of the constitution" [9].
 
(three) to strengthen the citizens' awareness of the masses and the concept of the legal system
 
Before the founding of new China, in two thousand years of feudal society and the semi colonial and semi feudal society, only "subjects", the identity of the old people is obedient consciousness and the concept of the rule of man. 54 of the Constitution clearly stipulates the basic rights and duties of our citizens the right to vote and to be elected, personal freedom, freedom of religion and other. Therefore, the popularity of the core content of the constitution of 1954 is educate the broad masses of the people to set up the citizen consciousness and the concept of legal system. Lenin once said: "the constitution is a piece of paper written by the people's rights." [10]
 
Long before the publication of the draft of the constitution of 1954, Dong stressed that "in the past, people on the old rulers of reactionary laws is hatred and distrust of, after this kind of psychology to the victory of the revolution, that is not very good, a phenomenon" [11]. Therefore, an important task for the future is "vigorously strengthen the legal publicity and education work, improve the legal concept of cadres and the masses of the people, so that we know what is legal and illegal, so that we all know that strict compliance with national legal system is to maintain their democratic rights can be subject to state protection" [12]. Visible, the popularity of the basic goal of the constitution of 1954 is to help the broad masses of the people deeply understand the rights and obligations of citizens, recognized his status as a master of new China, and finally put this identity of daily behavior.
 
Two, the establishment of the new China in the early stage of China's "five four constitution" practice
 
With the promulgation and implementation of the "five four constitution", the construction of the constitution of the new china. How to popularize the knowledge of the Constitution and improve the people's constitutional consciousness and citizen consciousness is the important content of the ideological education of the Communist Party of China at that time. To this end, from the publication of the draft constitution in June 1954 to the end of 1954, China has set off a nationwide universal education activities of the constitution.
 
(a) to carry out the mass discussion on the draft constitution
 
June 14, 1954, the 30th session of the Council of the Central People's government through the draft constitution, also decided to publish the draft constitution and in all the people to launch the discussion, so as to arouse the masses of the people the masters of the country that sense, in order to participate in the construction of new China showed a powerful force. In order to avoid discussing a mere formality, the central deployment of the work in the special emphasis on: the "on the previous discussion, it should be by the propagandists, Rapporteur and work of the party and government cadres to the masses were on the draft constitution explain, the explanation, so that the masses practical understanding of the main content; in the discussion, found that people do not understand the place, should be at any time added to explain, the masses to answer the question. Must make people really understand the content and significance of the draft constitution, in order to truly expand in-depth discussion, put forward opinions." [13]
 
The draft constitution, which lasted three months, truly reflects the broad masses of the people involved. For example, only Zhejiang Province, there are 8 million 10 thousand people involved in the draft constitution, accounting for 63% of the number of voters in the province, the province reported 3650 amendments to the draft constitution, after finishing, reported to the central 935 [14]. This discussion is based on the further development of constitutional education after the promulgation and implementation of the "five four constitution". On September 21, 1954, "people's Daily" editorial "the people's Republic of China Constitution -- the construction of the socialist powerful weapon" on the proposed recommendations are as follows: "in order to make the Constitution for all the people are familiar with and abide by and master, we must in the past national discussion on the basis of the constitution draft, the system often on the constitution of education as an important content of citizen education in the future, so deeply rooted among the provisions of the constitution, household." [15]
 
(two) with the people's democratic principle and socialist principle as the core of the Constitution Education
 
The two basic principles of the five four constitution are the people's democratic principle and socialist principle. In June 1954, Mao Zedong in "on the speech of the people's Republic of China constitution draft" clearly pointed out: "our democracy is not bourgeois democracy, but the people's democracy, this is the leadership of the proletariat, based on the alliance of workers and peasants, the foundation of the people's democratic dictatorship. The principle of people's democracy runs through our whole constitution. Another is the socialist principle. We have socialism right now." [16]
 
 
Therefore, the propaganda and education of the "five four constitution" mainly focuses on the two core contents of people's democracy and socialism. On June 16, 1954, the people's daily in an editorial calling on people across the country launched extensive draft constitution discussed, namely on the draft constitution of the two principles is explained, it is pointed out that the "draft constitution is correct, is it about in the provisions of the construction of socialist society in our country, not rely on empty fantasy, but on the basis of facts and in accordance with the practical suitably reliable road." Subsequently, "people's Daily" in the June 21 and 22, two days in a row published the "for building a socialist society and struggle of the constitution" "our constitution is belongs to the socialist constitution of the two editorials, pointed out that" the draft constitution not just explicitly provides the direction and path of the construction of socialist, and in the preface explains to realize our country's socialist construction and socialist transformation "of the victory conditions [17]," our draft constitution fully demonstrated the belongs to the characteristics of the socialist type, it and the bourgeois state constitution in principle is in completely different type "[18]. At the same time, to the people's democratic constitutional principles of propaganda, "people's Daily" from July 1954 to November has published "the system of our country is the people's Congress system" "Chinese citizens' rights and obligations" and "guarantee the equality of men and women to protect women and children's interests of the constitutional law" "people's education consciously fulfill their civic duty." many editorial on the "five four constitution" on socialist democracy, citizen's rights and obligations and other key content of publicity, and stressed: "these provisions reflect the people of our country has been completely out of slavery, by pressing the position, achieved political freedom and democratic rights, reflects the people's economic life and cultural life there has been a noticeable improvement in [19].
 
(three) the use of newspapers and magazines to carry out constitutional publicity and education
 
The universal education of the constitution is the education of the public, which must make full use of the mass media to carry out publicity and education. After the publication of the draft constitution of two days, on June 16, 1954, "people's Daily" published "in the National People's widely started to discuss the draft constitution of the PRC," the editorial, calling on people across the country to discuss the draft constitution. Since then, all kinds of newspapers, magazines and so on have become the main position of the constitutional propaganda and education, and bear the following two main functions: on the one hand is to popularize the knowledge of the constitution, to promote the spirit of the constitution. For example, the "people's education" magazine published in the 1954 issue of the full text of the seventh "people's Republic of China", and pointed out that the fundamental meaning of the constitution [20]. Cover of China Pictorial in 1954, ninth, tenth illustrated respectively publicity the public discussion of the draft constitution and the constitution of 1954 "Article 1 (that is, of the people's Republic of China is under the leadership of the working class. On the alliance of workers and peasants as the basis of the people's democratic countries). "People's Daily" on October 1, 1954: the famous democratic personage of Huang Yanpei's poem, "the people's constitution, the masses love to see and hear the propaganda in the form of constitution [21]. On the other hand, it is the work of the constitution publicity and education activities. For example, in October 9, 1954, the people's Daily published a notice of the China Federation of trade unions on the call to study the Constitution and the National People's Congress report [22]. The Shanxi government newspaper published in 1954, the thirteenth of the like publicity, general route out publicity and discussion of the draft constitution ", requirements of Party committees at all levels in the province to strengthen the leadership of the publicity and Discussion on the draft constitution, and pointed out that the province from June 15 to August 15, 2 months time, to organize more than 2 million cadres to participate in team work [23].
 
(four) the establishment of a special constitutional propaganda and education team
 
After the promulgation of the five four constitution, in order to make the masses quickly understand the spirit of the constitution, the CPC Central Committee and the party and government leaders on how to build a constitutional propaganda and education team to explore the development of. One is to set up the Special Rapporteur, advocates the constitution. "People's Daily" editorial in July 17, 1954 "universal organizations of the masses of people discussion draft constitution" pointed out: "should by propagandists, Rapporteur and work of the party and government cadres to the masses were on the draft constitution explain, the explanation, so that the masses and understand its main content" [24]. According to this plan, the country's provinces and municipalities generally set up a special constitutional propaganda work team to go deep into the masses of constitutional education. For example, Beijing Municipal trained more than 20500 constitution advocates, the Rapporteur, the masses to carry out activities [25]; Zhejiang Province, Hangzhou municipal training more than 3000 propagandists, rushed to the enterprises, factories, rural package film preaching [26]. Shanxi Province, organized more than 20000 cadres to participate in the constitutional propaganda work team, in-depth across the province to carry out publicity and education of the constitution [27]. Shaanxi Province set up consisting of 10 million more than cadres and legal practitioners of the constitutional propaganda work team depth factories, countryside, through expert lectures, leadership for the report in the meeting, discussion, small streets and discussions, posters, do blackboard newspaper and other forms to carry out the popularity of constitutional education [28]. Two is put forward in the secondary school set up the constitutional lecturer to strengthen the constitution of youth education. Dong Biwu put forward at the party's propaganda work conference, the national all secondary schools in the future have a constitutional lecturer [29].
 
Three, the new China was founded in the early stage of China's "five four constitution" of the historical experience
 
At the initial stage of the founding of new China the constitution of 1954 popularization education is an important practice in the education history of constitution of our country to explore many aspects for us today to build a socialist country under the rule of law and carried out in accordance with the constitution rule, in accordance with the constitutional ruling background how to constitutional universal education has important significance.
 
(a) the CPC Central Committee and local Party committees at all levels attach great importance to the publicity and education of the Constitution
 
"Legislation" is "to achieve the purpose of the means", more important is people to "grasp the rule tools" [30], when the Central People's government affairs committee member, the political and Legislative Affairs Committee of the State Council member Xie Juezai's this view in the party and state leaders have a representative. Mao Zedong at the time stressed: "this draft constitution can be implemented, it is necessary to implement the." [31] Dong Biwu made it clear: "we must further strengthen the people's political education and legal education work" [32]. Therefore, from the Central People's government asked to carry out a referendum on the draft constitution, the CPC committees at all levels in the leadership, mobilization and organization of the masses to learn, discuss the draft constitution has done a lot of work. For example, Zhejiang provincial Party Committee on June 18, introduced the opinions of provincial Party Committee on the draft constitution of discussion and publicity, and at all levels in the province set up the constitution to discuss the draft Committee and its office, issued a draft constitution (Draft), constitutional interpretation of the term and the draft report outline the 20 million [33]. Beijing Municipal Party committee in addition to training the Rapporteur, propaganda Yuanwai, actively cooperate with the Beijing Branch of the Xinhua Bookstore, the light a bookstore sold draft constitution booklet 620000 odd books [34]. Sichuan provincial Party committee sent the propaganda work team to the masses do about 15 million publicity, the audience of 18 million people; Fuzhou municipal Party committee spent more than 300 loudspeaker respectively in Fuzhou dialect, dialect and 50 million people in the city to broadcast content [35] of the draft constitution. Visible, the whole Party attaches great importance to, this is a very important reason for the popularization of education in the early constitution of the new China. As China's famous jurist Xu commented that, "before 1957 for a period of time, the party is not only committed to in the constitution, but also attached great importance to the Constitution in the implementation of the" [36].
 
(two) around the central task of the party to carry out the popularization and education of the Constitution
 
Constitution of "May Fourth Movement" was formulated, the implementation of the transition period total route, the completion of the socialist transformation and the eventual establishment of the socialist system, it is the major task of the whole Party and the people of the whole country. Therefore, the constitution of 1954 universal education also highlighted the general line for the transition period is the publicity and education of socialist principles. On June 22, 1954, the "people's Daily" issued a document that constitutional nature pointed out: the entire contents of our draft constitution shows that this is striving for building a socialist society transition period the constitution, is to ensure that the gradual abolition of the system of exploitation, the establishment of a socialist society, constitution [37]. Mao Zedong in the drafting of a constitution to the first meeting of the committee also stressed: "is the general line, the constitution is the common programme is based on the general line is constitution for the transition period, probably can tube is about 15 years." [38]
 
Therefore, the five four constitution of the universal education has always been around the central task, making the constitutional popularity of education can be widely popular and can highlight the theme. In the development of the legal system, the popularization of the constitution education, if not a good combination of the party's central task as well as the National People's major practice, it is often difficult to achieve the desired results. Therefore, the current popularity of the constitution education should be based on the actual situation in depth research, on the basis of the central task to highlight the theme.
 
(three) to make full use of mass media for the popularization of the Constitution Education
 
In the early days of the founding of new China, the Communist Party of China attached great importance to the mass media, such as newspapers, magazines and so on to carry out the "five four constitution" universal education. Although at the time of the science and technology is not developed, but newspapers, magazines and other media is comparatively perfect, the Guangming Daily, a "people's Daily" and "Reference News" "Liberation Daily" and so on in the central have, local governments at all levels have local newspapers and magazines. Newspaper and magazine is a convenient way to publicize the party's central line, principles, policies, documents and spirit. 1954 Constitution promulgated before and after, the people's daily repeated publicity, only from 1954 July 6 to July 30, just a few days time, "people's Daily" published on the "constitution of 1954 reached more than ten articles. At present, we should further emancipate the mind, make full use of modern information technology, adopt flexible and diverse forms to carry out the popularization of the constitution education.
 
 
(four) in order to improve the citizen's constitutional consciousness, comprehensively promote the implementation of the constitution as the fundamental
 
"Public awareness of the constitution, the judgement of the value of constitution and constitutional feelings constitute some awareness of the constitution, constitution of constitution and constitutional implementation process will have a profound impact." [39] therefore, the founding of new China, China's "five four constitution" universal education not only to the broad masses of the people to popularize the knowledge of the constitution, but also more important is to help the people to establish a constitutional sense, to cultivate the spirit of the constitution. As Dong Biwu stressed the need to improve the legal system of cadres and the masses of the people, [40], training the people of the law of the law [41]. From the current actual situation, in addition to legal workers, the vast majority of the public awareness of the constitution is still relatively weak. In 2012, a survey on the text reading of the constitution showed that the legal workers had read the text of the constitution, accounting for 73%, civil servants accounted for only 30%, only 25% of the students, while the individual is only 3%[42]. Thus, the popularity of the Constitution and the constitutional concept of knowledge still has a long way to go. Therefore, in the current constitution of universal education, it should embody the core values of the constitution, improve the citizen's constitutional consciousness, and comprehensively promote the implementation of the constitution.
 
At the initial stage of the founding of new China the constitution of 1954 popularization education in the education history of constitution of our country has the foundational status in the history of rapid popularization of knowledge of the constitution, improvement of people's consciousness of constitution is an important historical role. It is true that the five four constitution of publicity and education inevitably with the limitations of the times, in this brief mass movement, and did not form a regular constitutional education system. Therefore, in the current constitution popularization education work, "we must take the publicity and to establish the authority of the Constitution and comprehensively promote the rule of law major issues as pay close attention to" [43], starting from the actual situation of our country, promote the normalization of constitution publicity and education, long-term oriented.
 
 
 
reference
 
[1] Xi Jinping in the capital to commemorate the 30 anniversary of the promulgation and implementation of the current constitution of the anniversary of the speech [N]. people's daily, 2012-12-05.
 
[2][43] the Central Committee of the Communist Party of China on the overall promotion of the rule of law a number of major issues of decision [2015-05-06]. (2014-10-28) [EB/OL].
 
[3] Wang Dongming. The new regime legitimacy and ideology history research and teaching resources of [J]., 2004, (2): 14-19.
 
[4] National People's Congress. The constitution of the people's Republic of China [Z].1954-09-20.
 
[5][13][24] "people's Daily" editorial. The general organization of the people to discuss the draft constitution [N]. people's daily, 1954-07-17.
 
[6] Liu Shaoji [M].. Beijing: People's publishing house, 2002:143-144.
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